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25 Cards in this Set
- Front
- Back
TURNBULL V MCLEAN
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Selling and buying coal - counterpart obligations - mutuality
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GRAHAM
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contract breakers can enforce the contracts they break up to the point of breach
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BANK OF EAST ASIA
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Money paid up to the date of breach had to be paid
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INVERESK V TULLIS RUSSEL
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Mini contracts - breach counts in different contracts as long as it's under the same transaction
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WADE V WALDON
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Definition for material breach - when breach is of stipulations at the root of the contract - comedian failed to give prior notice but viewed as not a material breach
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WHITE V CARTER
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You dont have to rescind, can affirm contract
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LINDLEY CATERING V HIBS
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If party has a chance to resolve breach he should be given that chance
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COURT OF SESSION ACT 1988
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Interdict and interm remedies
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HIGHLAND & UNIVERSAL V SAFEWAY
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Wanted to end lease earlier than contracted. keep open clause used specific implement
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DUNLOP PNEUMATIC TYRE V NEW GARAGE
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Liquidated damages enforceable due to contract breach
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WATSON LAIDLAW V POTT CASSALS
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Compensation authority - restore person who sustained injury to their state prior to injury
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RUXLEY ELECTRONICS V FORSYTH
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Cost of cure of too shallow swimming pool
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ATTORNEY GENERAL V BLAKE
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Spy published book of secrets and gov sued publishers but was no loss so got damages measured from spys gain instead
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WILSON V CARMICHAEL & SONS
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Wrong cabbages. loss of profit but he ought to have realised - was careless so causation and limit on damages
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HADLEY V BAXENDALE
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Damages should arise naturally from contract or special circumstances aware to parties when the contract was made. Mill wheel broken and delay in return. No damages since urgency was not stated in the contract
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VICTORIA LAUNDRY
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Can only recover reasonably foreseeable loss. purchaser of laundry machines delivered late and recovered profits they would have had if it had arrived on time
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AURDAL V ESTRELLA
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A sold ship to B which was assigned to C for delivery to pass spanish laws No consent was needed from A to do this. Assignation law.
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JAMES SCOTT V APOLLO
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Assignation was not valid due to limitation clause stating that other party must be consulted
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CARMICHAEL V CARMICHAEL
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Father took out life ensurance for son to pay back when he reached 21 but he died in the war before completing contract. Not clear who money belonged to
1) intention to convey right 2) intended to be irrevocable 3) 3rd party clearly identified |
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CUTHBERTSON V LOWES
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Potatoes sold at illegal measurements through statute. could not sue on contract so UE used to recover value of potatoes. illegal contract
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BARR V CRAWFORD
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Bribery of public official. contract to do something illegal
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ST JOHN SHIPPING
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Illegal manner of lawful contract. overloaded ship so had to pay fine
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TAYLOR V CADWELL
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Concert hall burnt down so contract was impossible -frustration
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JAMES FRAZER V DENNY MATT
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Regulations during WW2 made contracts illegal
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DAVIS CONTRACTORS V FAREHAM
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frustration definition - not fault of either party
1) frustration 2) circumstances changed 3) without parties fault 4) performance radically different 5) contract incapable of being performed |